Cass Civ 1?re 25 f?vrier 2009, N? de pourvoi 08-18126
The application was about two children born in South Africa. Following the parents’ divorce, the mother was awarded custody of the children and the father visitation rights. The mother’s right of custody was, however, limited insofar as she was obliged to refer to a court if she wished to migrate. The mother took the children […]
Re F. (A Child) [2009] EWCA Civ 416
The child, a boy, was aged eight at the date of the alleged wrongful removal. He was born in Poland to Polish parents and had always lived in Poland. The parents divorced in 2006 and thereafter proceedings were commenced in Poland in respect of the child, resulting in an order dated July 2007, granting the […]
Family Advocate, Cape Town and Another v. E.M.
The application related to a child born in 2004 to a British father and a South African mother. The parents had married in South Africa. The child was born in the United Kingdom and lived there with the parents until September 2007, when the mother took her to South Africa for an agreed vacation. After […]
Cass Civ 1?re 17 D?cembre 2008, N? de pourvoi 07-15393
R?sidence habituelle – art. 3 La m?re indiquait que la Cour d’appel n’avait pas caract?ris? que la r?sidence habituelle de l’enfant, qui avait souvent effectu? des s?jours plus ou moins longs en France, ?tait aux Pays-Bas. La Cour de cassation observa que la Cour d’appel avait not? que l’enfant ?tait n? aux Pays-Bas d’un p?re […]
Carlson v. Switzerland, Requ?te no 49492/06
Aims of the Convention – Preamble, Arts 1 and 2 The father did not seek to challenge the legal basis for the non-return order but the manner in which his return petition had been dealt with, particularly errors and delays he alleged to have suffered at the hands of the district court in Baden. The […]
Cannock v. Fleguel, [2008] O.J. NO. 4480
The child, a boy, was born in Ontario in June 2006. The Australian father did not secure entry to the country because of a criminal record. When the child was approximately five weeks old the mother returned with him to Australia, where they lived with the father until the parents separated in October 2007. In […]
Rinau v. Rinau (C-195/08 PPU)
The application related to a child born in Germany on 11 January 2005. Shortly after the birth the parents separated with the child remaining with her mother. In July 2006 the father agreed to the mother taking the child to Lithuania for a two week vacation. The child was not returned. After being awarded custody […]
B-2346-08
The child, a girl, was almost 1 year old at the time of the alleged wrongful removal. She was born in France in July 2007, where she lived with her parents. The parents were not married, but the father recognized the fatherhood and they had joint custody. The mother, a Danish citizen, kept her apartment […]
E.M. (Lebanon) v. Secretary of State for the Home Department [2008] UKHL 64, [2008] 3 W.L.R. 931
The proceedings, which were in the context of immigration and asylum law rather than child abduction law, related to a Lebanese mother and child, the latter born in July 1996. They had travelled to the United Kingdom in December 2004 ostensibly to escape the consequences of the Lebanese family justice system. Once in the United […]
Cour de cassation 30/10/2008, C.G. c. B.S., N? de r?le: C.06.0619.F
Les deux enfants, n?s en 1989 et 1990, avaient v?cu jusqu’en 1996 en Argentine. Depuis le divorce de leurs parents, ils vivaient avec la m?re mais la garde ?tait conjointe. En 1996, la m?re fut judiciairement autoris?e ? passer deux semaines aux ??tats-Unis avec les enfants. A l’issue de ce s?jour elle ne rentra pas […]